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Judge extends restraining order against state Rep. Nick Miccarelli of Delco

Under a negotiated agreement, a restraining order obtained by a fellow legislator against Rep. Nick Miccarelli, Delaware County Republican, was extended Thursday for three years. He has to relinquish his firearms unless he is on National Guard duty and will be allowed to work at the state Capitol.

State Rep. Nick Miccarelli talks with the media after a hearing at the Luzerne County Court House in Wilkes-Barre on Thursday, March 15, 2018.
State Rep. Nick Miccarelli talks with the media after a hearing at the Luzerne County Court House in Wilkes-Barre on Thursday, March 15, 2018.Read moreFRED ADAMS / For the Inquirer

Toohil obtained a temporary protective order last Friday, saying Miccarelli was a danger to himself and others. "He has threatened to kill me and kill himself before," Toohil wrote in her application.

In court papers filed Thursday before a hearing on whether to make the order permanent, Miccarelli's lawyers moved to block Toohil's testimony. They characterized her accusations as "the vengeful words of a former lover with an agenda." Toohil, they wrote, wanted to punish Miccarelli because she believed he was responsible for circulating an embarrassing 2013 YouTube video featuring old images of her at a table with a bong and what appears to be marijuana.

In any case, the parties agreed on a protection order lasting for the maximum term. Bradford County Senior Judge Jeff Smith announced the agreement.

"I feel vindicated," Miccarelli said after the proceedings. "I look forward to going back to the Capitol. I'm just happy to be going back to work."

"I don't know on what planet that would seem to be a vindication," said Toohil's lawyer, Jarrett Ferentino. "Here's how this works: No one is above the law, not even the men and women who make the law."